title
Zoning Petition ZONING-25-000031 Blachuciak
resolution
WHEREAS, a public hearing was held on June 4, 2025, in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 2:30 P.M. before the DuPage County Zoning Hearing Officer and notice of said hearing was duly given; and
WHEREAS, a petition was presented at this hearing requesting the following zoning relief:
Variation to increase the height of a new fence in the rear yard from permitted 6’6” to approximately 8’, on the property hereinafter described:
LOT 11 IN GALLAGHER AND HENRY’S BROOKHAVEN MANOR UNIT NUMBER 1, BEING A SUBDIVISION IN SECTION 28, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1957 AS DOCUMENT NUMBER R67-46437 AND R68-6858, IN DUPAGE COUNTY, ILLINOIS; and
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on June 18, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to construct an 8-foot-tall privacy fence in the rear yard where the subject property directly backs up to Cass Avenue.
B. That petitioner testified that she has no privacy or security for her backyard as the subject property is situated lower in elevation than Cass Avenue, resulting in pedestrians walking along the Cass Avenue sidewalk looking directly into her backyard and making comments to her children.
C. That petitioner testified that she has a practical difficulty and particular hardship with her land as the subject property has a sloped yard that sits lower than Cass Avenue, resulting in no backyard privacy even with a 6’6” privacy fence, and that she requires an 8’ tall privacy fence in order to safely secure her backyard area.
D. That the Zoning Hearing Officer finds that petitioner has demonstrated a practical difficulty and particular hardship with her land, as the subject property has a sloped yard and sits lower in elevation than Cass Avenue and that she requires an 8’ tall privacy fence in order to safely secure her backyard area.
STANDARDS FOR VARIATIONS:
1. That the Zoning Hearing Officer finds that petitioner has demonstrated that the granting of the Variation is in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County’s comprehensive plan for development.
2. That the Zoning Hearing Officer finds that petitioner has demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the proposed 8-foot fence in the rear yard will not impact the light and air to adjacent properties, as the subject property backs up to Cass Avenue.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that she will receive a building permit for the proposed fence and that it will be constructed pursuant to all building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the location of the proposed fence will not diminish the value of land and buildings throughout the County and will be an added benefit to the surrounding area.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed fence will not unduly increase traffic congestion in the public streets and highways as the subject property sits lower in elevation than Cass Avenue.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed fence will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the proposed fence will not incur additional public expense for flood protection, rescue, or relief.
g. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the proposed fence will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County and will be an added benefit to the surrounding area.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-25-000031 Blachuciak |
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ZONING REQUEST |
Variation to increase the height of a new fence in the rear yard from permitted 6’6” to approximately 8’. |
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OWNER |
KIMBERLY BLACHUCIAK, 8S087 GRANT STREET, DARIEN, IL 60561-3625 |
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ADDRESS/LOCATION |
8S087 GRANT STREET, DARIEN, IL 60561-3625 |
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PIN |
09-28-208-006 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.24 ACRES (10,454 SQ. FT.) |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: MAY 20, 2025 |
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PUBLIC HEARING |
WEDNESDAY, JUNE 4, 2025 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. “Highway Permit required if installation accessed from Cass Avenue.” |
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Health: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
“DPC Public Works owns an 8” sanitary sewer main on the north side of the property. They should fill out an easement encroachment form, so they know we own a sewer main in the area they are working and avoid that sewer main.” |
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EXTERNAL: |
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City of Darien: |
No Comments Received. |
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Village of Willowbrook: |
No Comments Received. |
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Village of Downers Grove: |
“The Village of Downers Grove has no comments.” |
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Village of Westmont: |
No Comments Received. |
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Downers Grove Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Darien-Woodridge Fire Dist.: |
No Comments Received. |
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Sch. Dist. 61: |
No Comments Received. |
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Sch. Dist. 99 |
“No Concerns” |
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Forest Preserve: |
No Comments Received. |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Height: |
6’6” |
NA |
APPROX. 8’ |
LAND USE:
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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East |
CASS AVENUE AND BEYOND CITY OF DARIEN |
HOUSE |
CITY OF DARIEN |
|
West |
GRANT STREET AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on June 18, 2025, recommends to approve the following zoning relief:
Variation to increase the height of a new fence in the rear yard from permitted 6’6” to approximately 8’.
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-25-000031 Blachuciak dated June 4, 2025.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZHO Recommendation to Approve
WHEREAS, the County Board Development Committee on July 1, 2025, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and recommends to approve the following zoning relief:
Variation to increase the height of a new fence in the rear yard from permitted 6’6” to approximately 8’.
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-25-000031 Blachuciak dated June 4, 2025.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (Motion to Approve): 5 Ayes, 0 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to increase the height of a new fence in the rear yard from permitted 6’6” to approximately 8’, on the property hereinafter described:
LOT 11 IN GALLAGHER AND HENRY’S BROOKHAVEN MANOR UNIT NUMBER 1, BEING A SUBDIVISION IN SECTION 28, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1957 AS DOCUMENT NUMBER R67-46437 AND R68-6858, IN DUPAGE COUNTY, ILLINOIS; and
The Zoning Relief is subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-25-000031 Blachuciak dated June 4, 2025.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
BE IT FURTHER ORDAINED by the County Board of DuPage County, Illinois that should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid; and
BE IT FURTHER ORDAINED that a certified copy of this Ordinance be transmitted by the County Clerk to the DuPage County Finance Department; DuPage County Auditor; DuPage County Treasurer; Paul J. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; KIMBERLY BLACHUCIAK, 8S087 GRANT STREET, DARIEN, IL 60561-3625; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 8th day of July, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK